Consortium Software, Inc.
Terms of Service
CONSORTIUM SOFTWARE INC. (REFERRED TO AS THE "COMPANY", "WE", "US" OR "OUR", AS APPLICABLE) PROVIDES YOU WITH ACCESS TO THIS WEBSITE LOCATED AT WWW.CONSORTIUMSOFTWARE.COM (THE "SITE") SUBJECT TO THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS SITE. BY ACCESSING AND USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY UPDATES HERETO. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE.
Thanks for using our products and services (“Services”). The Services are provided by Consortium Software, located at 2210 W Main St Battle Ground WA 98604, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
These Terms and Conditions govern your use of this Site and all applications, software and services (collectively, "Services") available on this Site, except to the extent such Services are the subject of a separate agreement.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services. We reserve the right to seek all remedies at law and in equity for violations of these Terms and Conditions, including the right to block access to this Site from a specific IP address.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Consortium Software’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
The contents of this Site, including its "look and feel" (e.g. text, graphics, logos, images, and button icons), HTML code, editorial content, notices, software and other materials (collectively, the "Content") is protected by United States patent, trademark and other laws. The Content belongs to us or to other parties as indicated. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from or use any Content available on or through the Site for commercial or public purposes without the express written permission of the Company. You may print or download a copy of the Content for your personal use as long as you keep intact all copyright and other proprietary notices. All rights not expressly granted herein are reserved to the Company and its licensors.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Consortium Software gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Consortium Software as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Consortium Software, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CONSORTIUM SOFTWARE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, CONSORTIUM SOFTWARE, AND CONSORTIUM SOFTWARE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CONSORTIUM SOFTWARE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US IN THE LAST BILLING TERM TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, CONSORTIUM SOFTWARE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About SMS Service in Our Software
Text messages created in connection with your transaction(s) with us, you are providing consent to use personal information to provide the services you have requested, including those that display customized content and advertising. Your provider’s standard messaging rates apply to our SMS (Short Message Service) messages. Consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
Data obtained from you in connection with this SMS service may include your name, address, cellphone number, your providers name, the date and time, and content of your messages. We will not be liable for any delays in the receipt of any SMS messages, delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
It is your responsibility to provide us with a true, accurate and complete mobile number and to maintain and update promptly any changes in this information.
All SMS Statement Notifications in electronic format shall be considered “in writing” to the extent allowed by law.
Consortium Software, Inc. the design mark CONSORTIUM SOFTWARE, INC. and other graphics, designs, logos, page headers, button icons, scripts, trade names, and service names are trademarks, registered trademarks or trade dress of Consortium Software Inc.., its parents, affiliates, sponsors, or subsidiaries in the United States and/or other countries. Consortium Software’s trademarks, service marks, trade names, service names, and trade dress may not be used in connection with any product or service that is not Consortium Software Inc., its parents, subsidiaries, sponsors or affiliated companies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Consortium Software Inc., its parents, sponsors, affiliates, or subsidiaries. All other trademarks, service marks, trade names or service names not owned Consortium Software Inc., its parents, sponsors, affiliates or subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Consortium Software Inc., or its parents, sponsors, affiliates or subsidiaries.
The Site may include links to third party websites and resources from time to time. The inclusion of any such link is provided solely as a convenience to you, and we make no representations or warranties regarding any such linked site or any content or services provided at such linked site.
Use of "Cookie" File Features
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Consortium Software Inc. or other employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET. CONSORTIUM SOFTWARE, INC. PROVIDES THIS SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OR TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY, AND CONSORTIUM SOFTWARE INC., ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR SPONSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Either Consortium Software Inc. or You may terminate this Agreement at any time. Without limiting the foregoing, Consortium Software Inc. shall have the right to immediately terminate Your Account in the event of any conduct by you which Consortium Software Inc., in its sole discretion, considers to be unacceptable.
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, and agents from all claims and against all losses, expenses, damages and costs, including reasonable attorney fees, arising out of or related to your access or use of the Site or the Services offered through the Site, your inability to access or use this Site or the Services offered through the Site, or use by a person accessing the Site using your name and password.
By using any Consortium Software Inc. Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Consortium Software Inc.
Any dispute or claim relating in any way to your use of any Consortium Software service, or to any products or services sold or distributed by Consortium Software or through any Consortium Software application(s) will be resolved by arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Legal Counsel located at 555 Skokie Blvd. Suite 500 Northbrook IL 60062. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Consortium Software will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
To the fullest extent permitted by law, the controlling language for these Terms and Conditions is English. Any translation of these Terms and Conditions has been provided for your convenience only.
To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. This is the entire agreement between you and us relating to the subject matter herein.
Choice of Law and Forum
The Terms of Service and the relationship between you and Consortium Software Inc. shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Consortium Software Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Clark, State of Washington.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may revise and update these Terms and Conditions at any time. Your continued usage of the Site after any changes to these Terms and Conditions means you accept those changes. Any aspect of the Site may be changed, supplemented, deleted or updated by us with or without notice at our sole discretion.
The Terms of Service constitutes the entire agreement between you and Consortium Software Inc. and governs your use of this Site, superseding any prior agreements between you and Consortium Software Inc. with respect to the use of this Site.
PLEASE PRINT OR DOWNLOAD A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.